The Archaeological Survey of India (ASI), under the Ancient Monuments and Archaeological Sites and Remains Act 1958, along with the United Nations Educational, Scientific and Cultural Organisation (UNESCO), plays an instrumental role in preserving antiquities. Antiquities are defined under the Antiquities and Art Treasures Act of 1972.
Problem of Missing Artefacts
However, a discrepancy exists between artifacts declared officially missing and those appearing in global markets or museums. Since India’s Independence, 486 relics are reportedly missing from the 3,696 monuments protected by ASI.
Issues Highlighted Regarding Missing Artefacts
Data shows that 292 artefacts were repatriated to India from abroad since 2014, and only 13 between 1976 and 2013. The list of missing antiquities spans 17 states and two Union Territories, including Madhya Pradesh, Rajasthan, and Uttar Pradesh. A parliamentary committee noted that the retrieved antiques are only a fraction compared to the vast number smuggled out of the country.
Understanding Antiquity
The Antiquities and Art Treasures Act, effective from April 1, 1976, defines ‘antiquity’ as any art or object existing for at least 100 years. These items depict science, art, literature, religion, customs, morals, or politics from an earlier era.
Protection of Antiquities: Indian and Global Initiatives
India has several constitutional provisions aimed at preserving heritage. The post-independence period saw further fortification with the implementation of the Ancient Monuments and Archaeological Sites and Remains Act in 1958. Globally, UNESCO’s 1970 Convention and United Nations Security Council’s resolutions in 2015 and 2016 reinforce the protection of cultural heritage sites.
‘Provenance’ of Antiquity Explained
The term ‘provenance’ refers to the chain of ownership tracing back from the current owner to the time it left its creator’s possession.
Procedure for Repatriation of Antiquities
Antiquities fall under three categories: those taken out of India pre-independence; those exported between independence and March 1976; and those exported post-April 1976. Retrieval requests for pre-independence antiquities must be made bilaterally or on international platforms. The latter two categories can be retrieved efficiently with proof of ownership and through the UNESCO convention. An example of this is the Maharashtra government’s endeavour to reclaim the sword of Chhatrapati Shivaji Maharaj from London in November 2022.
